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(영문) 인천지방법원 2018.05.09 2018고단1613
절도
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From January 3, 2017 to March 1, 2018, the Defendant was a person working as an employee at the E convenience store in the operation of Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, and the convenience store business owner D agreed with the victim to settle the sales amount once a month after being entrusted with the goods from the distribution range of the Korea Development Bank of the victim and then transferring the proceeds to the victim once a month.

When the Defendant sold sports soil (TO) lottery tickets to customers at a convenience store, and manipulates the paper for the purchase of lottery tickets between customers to be placed in the ticket issuing machine, and manipulates it as if they had the right to receive the lottery ticket again, and immediately cancel the right, and if the receipt for the cancellation of the right that was printed out at the ticket issuing machine is entered into the ticket issuing machine (POS, Pouses, and the information management device at the time of sale) and the purchase of soil by customers is deemed to have been cancelled for sale normally, the Defendant’s writing is opened in a safe book connected to Posing machine, and the Defendant’s cash is taken out at that place.

The owner of a convenience store had a mind to steal money by using the fact that he did not inquire about it.

On February 28, 2018, at the above convenience store, customers whose name is not known at the above convenience store, who purchased sports soil lottery tickets and paid the money to the credit cooperative with the delivery of the money, and thereafter, the Defendant opened a credit cooperative through the procedure for the cancellation of the right, and did not collect KRW 145,000 in cash owned by the victim.

In other words, they stolen them.

In addition, the Defendant, from March 30, 2017 to February 28, 2018, take out KRW 81,63,000 in total over 198 times throughout the following methods, as described in the list of crimes in the attached Form, from around March 30, 2017 to around February 28, 2018.

In other words, they stolen them.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Investigation reports (one time to hear statements of a victim), recording records (2 times to hear statements of a victim), investigation reports (3 times to hear statements of a victim);

1. Application of Acts and subordinate statutes to earth and sand inquiries;

1. Relevant Articles of the Act concerning the facts constituting the crime;

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